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IN RE WAGERS

No. 07-3000.

514 F.3d 1021 (2007)

In re Max R. WAGERS, doing business as Wagers Land & Cattle Company; Georgia A. Wagers, Debtors, Christopher J. Redmond, Trustee, Plaintiff-Appellee, v. Lentz & Clark, P.A.; Max R. Wagers; Georgia A. Wagers, Defendants-Appellants, United States of. America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 12, 2007.

Attorney(s) appearing for the Case

Carl R. Clark (Jeffrey A. Deines and Andrew D. Hennier, with him on the briefs), Lentz & Clark, PA., Overland Park, Kansas, appearing for the Appellants.

Christopher J. Redmond (P. Glen Smith and Scottie S. Kleypas, with him on the brief), Husch & Eppenberger, LLC, Leawood, Kansas, appearing for the Appellee.

Catherine Y. Hancock, Attorney, Civil Rights Division, Appellate Section (Peter D. Keisler, Assistant Attorney, General; Roberta A. Deangelis, Acting General Counsel, P. Matthew Sutko, Attorney, and Sean E. Martin, Attorney, Executive Office for United States Trustees; William Kanter arid Sushma Soni, Attorneys, Civil Rights Division, Appellate Section, on the brief), United States Department of Justice, Washington, DC, appearing for the Amicus Curiae.

Before TACHA, Chief Circuit Judge, HARTZ, and McCONNELL, Circuit Judges.

PER CURIAM.

This appeal arises out of an adversary proceeding brought by the trustee of a Chapter 7 bankruptcy estate ("Trustee") against the debtors and Lentz & Clark, a law firm representing the debtors. The Trustee sought recovery of funds held by Lentz & Clark as a retainer for postpetition legal services. The bankruptcy court resolved the matter in favor of Lentz & Clark, and the Trustee appealed to the Bankruptcy Appellate Panel ("BAP"). In reversing...

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